The following Terms and Conditions (the “Terms and Conditions”) govern your use of this Website or application, and any content made available from or through this Website, including any subdomains thereof, or application (the “Website”). The Website is owned and provided by Nicovape Limited (NZCN 6444022), herein after referred to as “Nicovape”.
These Terms and Conditions, and your use of the Website shall be governed by, and interpreted in accordance with the rule of law, New Zealand, without giving effect to any conflict of law provisions
2. Access to this website
2.1 User Information
2.2 Limited Licence
You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
Nicovape may terminate, change, suspend or discontinue any aspect of the Website or its services at any time. Nicovape may restrict, suspend or terminate your access to the Website and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.
Nicovape reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
3. MEDICAL DISCLAIMER
The content of the Website, including without limitation, text, copy, audio, video, photographs, illustrations, graphics and other visuals, is for informational purposes only and does not constitute professional medical advice, diagnosis, treatment or recommendations of any kind. This Website is not intended to provide, and disclaims any suggestion that it does provide, medical advice of any nature. You should always seek independent advice from qualified heath care professionals with any questions or concerns you may have regarding your individual needs and any medical conditions, and any information provided through this Website should not be used in place of seeking professional opinions by licenced practitioners. Reliance on any information appearing on the Website, whether provided by Nicovape, its content providers, visitors to the Website or others, is solely at your own risk, and you assume full responsibility for appropriate use of the information available through this Website.
Nicovape operates the Website located at www.nicovape.com.au and other related Websites and mobile applications with links to the Website. The Website assists you to access Nicovape products and services, and provides an interface between you and prescribing medical professionals who are affiliated to Nicovape.
Nicovape does not itself provide any medical or health services, but merely provides the platform which enables you to access services from our affiliated prescribing medical professionals. Nicovape does not employ any Health Provider, or have a financial interest in any Health Provider but does recieve part of the fee paid by you for each e-health service provided to you by a Health Provider via the site.
Any medical or health information provided to you by Nicovape has been prepared by the Health Provider and is forwarded to you by Nicovape in good faith but without offering or providing medical or health advice.
5. CONSENT TO USE OF WEBSITE
- You acknowledge having read and accepted the terms and conditions for use of the Website which apply in addition to the above terms.
- You acknowledge having read and accepted the Refund Policy and Shipping Policy for Nicovape.
6. HEALTH CARE SERVICES
Nicovape does not guarantee that an e-health consultation is the appropriate course of treatment for your particular health care problem. The medical professional has the sole discretion to decide whether or not an e-health consultation is appropriate, whether or not to provide any particular service, and to determine the health services required.
In some circumstances a physical examination, blood tests, diagnostic imaging or other tests may be required. These cannot be delivered via an e-health consultation. If the medical professional decides that any or all of these are required, the medical professional will direct you to make an appointment for an in-practice consultation with your local general practitioner.
You consent to information about yourself, your health and your current medications including, but not limited to, the information you divulge as part of the online consultation assessment to be viewed and exchanged by and between Nicovape employees and their affiliated medical professionals for the purpose of conducting a medical consultation. You understand and agree that this information may be exchanged electronically. All services provided by this Website are provided on a ‘best endeavours’ basis.
Upon completion of the Nicovape registration form, and only once we are satisfied with your proof of age, if a prescription is requested by you, you will be required to complete a short online free medical consultation. If deemed suitable by one of our medical professionals, you will then be issued a prescription for your Nicotine containing e-cigarette, which will be sent to you as a PDF via email, which is valid for 12 months. Due to the range of third party networks and innovative technology used for this transmission, Nicovape is unable to guarantee a time of arrival of the consultation information for our medical professionals’ attention. Nicovape is not responsible for the failure of any third-party to deliver prescriptions to the correct email address, or within any particular timeframe, except as required by law.
6.1 Your Obligations
You agree to contact your own doctor immediately if directed to do so, and/or if your condition changes, and/or if your symptoms worsen.
You agree to provide all information requested by Nicovape or our medical professionals’, and warrant that all information which you provide is true and fully complete. You must inform and keep Nicovape and/or its medical professionals informed of any side effects or other issues arising from any products prescribed by the medical practitioner through the Website.
If prescribed a Nicovape product, you must carefully read all product packaging and patient information supplied with the product. If your Nicovape product appears to be damaged or wrongly dispensed, or delivery is delayed, you agree to contact Nicovape at your earliest convenience to seek advice and/or replacement as required, and not use the products prior to receiving such advice. If you do not understand any question asked in our online medical consultation, or any advice given by a medical professional, you should seek clarification immediately.
You agree to inform your GP and other health professionals about products supplied, and advice given to you through the Website. We are not liable for damages which arise from your failure to inform your GP, or other healthcare professional about products you receive from the Website.
You agree that any prescription issued for you by a medical professional as part of the Nicovape service, will be issued by the medical professional electronically to your specified email address. Any prescription issued will be dispensed to you at the email address you provide, or a postal address provided by you, for an additional postage fee.
Prescriptions are issued entirely at the discretion of the medical professional. Nicovape cannot guarantee a consultation with a medical professional will result in a prescription being issued.
6.3 Release of Liability
You release Nicovape from all responsibility for health and medical matters, including information provided to you about those health and medical matters, and acknowledge these are the responsibility of the medical practitioner.
You agree that Nicovape is not liable for any loss, damage, expense or claim arising from damage, loss, injury or death caused directly or indirectly by the medical professional, and you release Nicovape from liability for any claim arising from any of those circumstances.
You agree that neither Nicovape nor any medical professional is responsible for loss or damage arising due to you failing to provide true or fully complete information, or failing to comply with any of your obligations listed under 6.1 “Your Obligations”.
When you request a prescription, a service provided by our independent medical practitioners via the Website, you may be required to pay a fee for this service. Under special promotions, or in connection with a subscription order, this fee may not be passed on to you, and be reimbursed by Nicovape to the affiliated prescribing doctor directly. Any payments made by Nicovape to an affiliated prescribing doctor on the patients behalf are reimbursements for a medical service provided at the request of the patient, and do not provide any further financial incentive or otherwise to the prescribing doctor to promote our product or service to the patient or others.
You understand that Nicovape is not covered under Medicare Australia at this time. No Medicare rebate is available, and there is no bulk billing option offered as part of this service. There also is no PBS benefit available for any prescription product.
7. INFORMATION ON THIS WEBSITE
Nicovape reserves the right to limit or refuse the supply of products to any person, geographic region or jurisdiction. If a product is prohibited in any jurisdiction, it shall not be offered or purchased.
Nothing in this Website should be interpreted as promoting any product that is not authorised under the laws and regulations of the country or jurisdiction of where you are located. If advice or recommendations are given, these should be understood as non-binding.
8. RESTRICTIONS ON USE
You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall:
- use this Website in accordance with these Terms and Conditions and will not use this Website for any unlawful purpose;
- only use this Website for your personal and non-commercial use;
- not violate or attempt to violate the security of the Website, nor violate any right of Nicovape;
- not impersonate any person or entity, or misrepresent your affiliation with any other person or entity;
- not insert your own or a third party’s advertising, branding or other promotional content into any of the Website’s content, materials or services (for example, without limitation, in an RSS feed or otherwise through this Website), or use, edistribute, republish or exploit such content or service for any further commercial or promotional purposes; and shall not
- attempt to gain unauthorised access to other computer systems through the Website.
You shall not:
- engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website;
- obtain or attempt to obtain unauthorised access to computer systems, materials or information through any means;
- use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
- use the Website or the Website’s services or features in violation of Nicovape’ or any third party’s intellectual property or other proprietary or legal rights; or
- use the Website or the Website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or its services, or any content thereof, or make any unauthorised use thereof. You agree that you shall not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.
In addition to these terms and conditions, specific conditions may apply to some of the products which Nicovape supplies. These will be brought to your attention at the time Nicovape supplies the particular products to you.
As between you and Nicovape, Nicovape owns, solely and exclusively, all intellectual property rights, title and interest in and to the Website, any material or content displayed on this Website, including, without limitation, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, code, data and materials thereon, the look and feel, design and organisation of the Website, and the compilation of the content, copyrights, trademarks; logos and trade names, database rights, moral rights and other intellectual property and propriety rights therein, belong to Nicovape, its affiliates, or licensors, and are used with Nicovape’ permission.
This applies to all trademarks displayed on this Website, whether or not appearing with the trademark symbol (™). Nothing on this Website should be construed as granting any right or license to use any trademark displayed on this Website without the prior written permission of Nicovape, its affiliates or licensors. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
All text, advertising material, images, graphics, audio and other content on this Website are copyright and are presented solely for your personal and non-commercial use. Other than viewing and downloading content from the Website for such purposes, you do not have the right to duplicate, distribute, alter or use alternatively, these intellectual property rights without Nicovape’ written permission.
You may be able to link from the Nicovape’ Website to third party websites for the convenience of our visitors. Any third-party reference to any website of Nicovape via hyperlink is only permitted with the prior approval of Nicovape. Nicovape makes no representations or warranties regarding any content published by third parties referring, by hyperlink, to Nicovape websites.
You acknowledge and agree that Nicovape has no responsibility nor liability for any damage or injury resulting from the information, reliance, content, products, services, advertising code or other materials which may or may not be provided by or through linked sites, even if they are owned by affiliates of ours.
The inclusion of any link to such sites does not imply Nicovape’ endorsement, sponsorship, or recommendation of that site. Nicovape disclaims any liability for links:
(1) from another website to this Website; and
(2) to another website from this Website.
Nicovape cannot guarantee the standards of any website to which links are provided, nor shall Nicovape be held responsible for the contents of such sites, or any subsequent links. Nicovape does not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Nicovape is not responsible for any form of transmission received from any linked website. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.
12. FORWARD LOOKING STATEMENTS
This Website may include forward-looking statements. These statements are based on the reasonable beliefs of Nicovape management as well as assumptions made by, and information currently available to Nicovape
Many factors that Nicovape is unable to predict with accuracy could cause Nicovape’ actual results, performance or achievements to be materially different from those that may be expressed or implied by such forward-looking statements.
These factors include: the ability of Nicovape to launch new products, regulatory requirements, the sales and marketing methods used by Nicovape to distribute its products, and the composition of Nicovape’ product portfolio.
13. WARRANTIES AND REPRESENTATIONS
The Website, including, without limitation, all services, content, functions and materials provided through the Website, are provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
Any information downloaded or otherwise obtained through the use of this Website is done at your own discretion and risk. You shall be solely responsible for any damage or loss of data that results from the downloading or use of the information and for any results or lack of results from the use of such data.
We do not warrant that the Website or the services, content, functions or materials provided through the Website will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein. Nicovape also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
Nicovape makes no warranties or representations as to:
- the continued availability of this Website;
- the accuracy, reliability or completeness of its contents;
- the currency of the content of the Website;
- the results that can be gained from the use of Nicovape’ products; and
- the safety of the Website or the server from computer viruses or malicious bugs.
Except for any implied condition, warranty, representation, or consumer guarantee, the exclusion of which would contravene any statute or cause this provision to be void (non-excludable condition), and to the extent permitted by law, Nicovape makes no express or implied warranties to you, and expressly excludes all warranties, representations, conditions, terms and guarantees implied by statute, general law, international convention or custom, including, without limitation, any and all implied warranties with respect to acceptable quality, fitness for disclosed purpose, title and non-infringement. Nothing contained in this Website shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or copyright of Nicovape or any other third party.
We try to ensure that the information posted on the Website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the Website at any time and without any prior warning. Nicovape neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Website, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than authorised Nicovape employee spokespersons while acting in their official capacities (including, without limitation, other users of the Website).
It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website.
Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.
Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor to verify pricing and other information. We shall have no liability for investment decisions based upon, or the results obtained from, the content provided herein. Nothing contained in the Website shall be construed as investment advice. Nicovape is not a registered broker-dealer or investment advisor, and does not give investment advice or recommend one product over another.
Without limitation of the above in this section, Nicovape and its affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the Website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions, documents and otherwise on the Website or in correspondence with Nicovape or its agents. Any products and services ordered or provided via the Website are provided by Nicovape “as is,” except to the extent, if at all, otherwise set forth in a licence or sale agreement separately entered into in writing between you and Nicovape or its licensor or supplier.
14. USER PARTICIPATION
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our Website and elsewhere on the Internet, which are likely to be accessible for a long time, and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to public forums.
You may transmit or submit on this Website, your own personal comments, videos, photos and testimonials of product usage, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, or otherwise objectionable and does not consist of or contain computer viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You must not submit a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.
Nicovape may monitor or review all communications and materials created and transmitted or submitted by users accessing this Website. In addition, Nicovape has sole discretion on whether to upload the submitted content onto its Website for public viewing.
Whilst it is not in any way responsible for the content of these communications and materials, Nicovape reserves the rights to block or remove communications or materials that it determines are:
- abusive, defamatory, or obscene;
- false, misleading or deceptive;
- in violation of a copyright, trademark or other intellectual property right of another;
- in violation of any law or regulation; or
- offensive or otherwise unacceptable to Nicovape at its sole discretion.
Nicovape will not be liable for the content of any communications posted by you, whether or not arising under the laws of copyright, trademarks, defamation, privacy, consumer protection, or otherwise.
15. RIGHTS TO USER SUBMISSIONS
If you transmit or submit material to this Website, (any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us), as well as that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, or send to us via e-mail, or post (“Submitted Materials”), you:
- represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived;
- We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
You grant Nicovape the right to use the name that you submit in connection with such content. You represent and warrant:
- that the content is true and accurate;
- that you own or otherwise control the rights to your Submission;
- that use of the content you supply does not violate this policy;
- that it does not infringe any third party’s intellectual property and will not cause injury to any person or entity; and
- that your Submission does not constitute or contain software viruses, commercial solicitation, political campaigning, chain letters, mass mailings, or any form of “spam.”
You agree to fully indemnify Nicovape for all claims arising from or in connection with your breach of any of the above warranties relating to your Submissions. Nicovape takes no responsibility, and assumes no liability for any content posted by you or any third party.
You also acknowledge that your Submission may not be returned and will be kept on file.
If you do not wish to grant such rights to Nicovape, it is suggested that you do not post, transmit, upload or submit any Submissions to this Website, or by post.
16. LIMITATION OF LIABILITY
Our liability regarding damages occurring from your use of the Website is limited, and your use of the Website is at your own risk. In no event shall Nicovape or its affiliates, or their shareholders, directors, officers, employees or agents, be liable for any claims or losses whatsoever of any kind, whether direct, indirect, special, incidental, consequential or punitive, and whether arising from an action in contract, tort, or otherwise, related to or in connection with this Website or any services or information made available on or through this Website, or your use thereof. Without limiting the generality of the foregoing, Nicovape and its affiliates shall not be liable for any claims or losses in connection with errors, omissions, or inaccuracies of informational content, or any decision made in reliance on the Information contained on or accessible through the Website, including without limitation personal injury or death.
Your sole remedy for any claims in connection with this Website is to discontinue usage and the related Information and services. The foregoing limitation shall apply and survive notwithstanding any failure of essential purpose of any remedy.
Some jurisdictions do not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent permitted by law, if your use of this Website relates to the purchase of any Nicovape product:
- Nicovape’ liability for breach of any non-excludable condition will be limited at its option to supply the product again or payment of the cost of supplying the product again;
- otherwise, its liability to you for any loss or damage at law shall not exceed the total amount Nicovape actually received from you for the product which gave rise to the loss or damage; and
- Nicovape will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, or any loss of profits or loss or corruption of data, damage to a computer system, loss of anticipated savings, loss of goodwill or economic loss, even if Nicovape has been advised of the possibility of such loss or damage.
You agree that Nicovape’ liability to you at law will be reduced by the extent to which you contributed to any loss incurred by you.
You agree to defend, indemnify and hold Nicovape and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law, or of these Terms and Conditions. Nicovape reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Nicovape’ defence of such claim.
18. SALE OF PRODUCTS
We may make certain products available to visitors and registrants of the Website. If you order any products, you hereby represent and warrant that you meet the eligibility to purchase criteria. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download.
18.1 Eligibility to Purchase
To be eligible to purchase goods on this Website, and to lawfully enter into and form contracts on this Website, you must be the owner of a valid debit or credit card, and be 18 years or older.
18.2 Product Range
Products displayed on Nicovape’ Website may not be available or be as described. Nicovape will use its best endeavours to ensure that product details, descriptions, images and prices appearing on its Website are correct at the time the relevant information was entered onto the system. However, to the extent permitted by law, Nicovape does not warrant that the product descriptions, or other content available on the Website are accurate, complete, reliable, current, or error-free.
All prices indicated for products available via this Website are in New Zealand dollars, and/or Australian dollars, inclusive of GST (where applicable), and are inclusive of delivery charges. The total cost of your order is the price of the products ordered, and delivery charges as set out in the Postage & Handling section of this Website.
18.4 Personal Use
The products available on this Website, and any product samples which are provided to you, are for your personal use only. You must not sell or resell any of the products, or product samples, that you purchase or otherwise receive from us. Please note that product samples are subject to availability. You must not sell, supply, or provide access, either directly or indirectly, to any product to persons under 18 years of age.
18.5 Placing an Order
The Nicovape Website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. Once you have placed your order, Nicovape will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit or debit card.
Nicovape does not accept liability for any health-related damages that are incurred as a result of using the Nicovape service. Although peer-reviewed studies have illuminated the comparable safety of e-cigarettes when compared to smoking cigarettes, Nicovape products have not undergone formal clinical trials, and the efficacy and safety of our products are not known. By using the Nicovape service, you acknowledge and agree that the potential health risks associated with e-cigarette use are still unknown, and accept all of these potential unknown risks, and indemnify Nicovape, it’s directors, and any of its subsidiaries from any future claims arising from use of these products, except as where expressly prohibited by law.
18.7 Order Acceptance
Unless Nicovape has notified you that it does not accept your order, or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and Nicovape will take place when Nicovape dispatches the goods ordered by you.
If you require any information regarding your order(s) please contact Customer Service on
1300 NICOVAPE (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us at email@example.com
Nicovape will not accept your order if:
- you do not confirm that you are 18 years or older;
- It is unable to verify your details against government records using our third party provider;
- an item you have ordered is out of stock;
- it is unable to obtain authorisation for your payment;
- it identifies a product or pricing error.
If Nicovape is unable to fulfil your order following acknowledgement of its placement, Nicovape will contact you by email advising you of this.
By purchasing products from our Website, you confirm that the credit or debit card that is being used is owned by you. All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, Nicovape will not be liable for any delay or non-delivery.
Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is therefore an additional security measure.
18.9 Cancellation of Order
- Nicovape notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: that the item(s) is not available; that there was difficulty in processing payment information; that delivery to the address was not possible; that a duplicate order was placed; or that the order was cancelled on the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation, and the appropriate amount will be refunded via your original payment method.
Please note that because Nicovape generally dispatches orders within 1-2 days (excluding weekends and public holidays), it may not be possible to cancel the order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.
19. Credit Card Charge Back Policy
At Nicovape, we do not tolerate credit card fraud. No expense will be spared and all fraud without exception will be prosecuted to the full extent of the law. In addition, we will pursue civil legal action seeking any loss of income related to the fraud, including business, legal fees, research costs, employee down time and loss of revenues.
Nicovape also considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the matter.
All frivolous charge backs not only cost our employees time away from our usual and customary matters of conducting normal business, but costs us money, therefore:
YOU AGREE that if you choose to do business with Nicovape, and file a dispute/claim or charge back with your credit card company for a situation that contradicts our terms & conditions which you agree to when placing your order, OR have not allotted us sufficient time to acknowledge, confirm, and research the situation; and as of any result, you do not win the charge back argument or dispute/claim, you agree to pay us $200.00 AUD for our time responding to the matter.
You authorise us to charge this amount to your credit card. If this charge is rejected, Nicovape will pursue legal action to recoup losses for our time associated with responding to the charge back and or dispute/claim in addition to any other fees explained below.
In the event that you win the charge back with your credit card company and have not returned our products in as new condition, Nicovape will attempt to recover fraudulently disputed charges plus additional costs via a third-party collection agency, and your account will be reported to all credit bureaus as a delinquent collection account.
This may severely damage your credit rating for at least the next seven (7) years. At this point, we will no longer accept a return of the products as settlement of the debt and will only accept payment in full.
Note: The customer must return the products, and must not have used them, before attempting a chargeback.
19.1 Stolen Credit Card Purchases
We log IP strings on all orders – any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution to the fullest extent of the law.
19.2 Cease and Desist
Customer understands, and is hereby notified that once a chargeback, dispute/claim or legal action is taken; all communication whether it be via email, telephone, internet, or mail and courier services with Nicovape will cease and desist.
20. RIGHT TO REFUSE A CUSTOMER
As a side note, Nicovape reserves the right to cancel an order and/or issue a refund and pursue legal action against any customer who is deemed hostile. Hostile customers are those who initiate charge backs or dispute/claims without valid cause (particularly after the receipt of order), threaten/harass staff members in person, over the phone, internet, or email, and those who attempt to slander and/or commits acts of libel against Nicovape and all divisions there under.
We are not interested in legal battles, but we are prepared to take them on when necessary.
21. DELIVERY POLICY
21.1 Title to Goods
Nicovape retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to Nicovape if it refunds any such payment to you.
21.2 Delivery Timeframe
Nicovape will deliver the goods in accordance with the delivery option listed during the checkout process. Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts. To the extent permitted by law, Nicovape does not accept any liability whatsoever for delayed delivery caused by any third party.
21.3 Risk of Loss
Risk in the goods will pass to you upon delivery to you.
21.4 Receipt of Goods
Upon delivery of the goods, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order or if you return the goods in accordance with the Returns Policy. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service on 1300 NICOVAPE (open 9am – 5pm, Monday to Friday, excluding public holidays) or you can contact us at firstname.lastname@example.org
22. RETURNS POLICY
22.1 Change of Mind Returns Policy
At Nicovape we offer our customers total peace of mind when they shop with us. If you decide that you do not want an item you have ordered, you may take advantage of our Money Back Guarantee and return it to us for your money back. To do this you must notify us of your intention to return the item you no longer want to email@example.com, within 14 days of us dispatching your order to you.The product must be returned to us in AS NEW condition. Should you have a change of mind and would like to exchange the item (subject to our Returns Policy), the return shipping, and shipping cost associated with the replacement products will be at your cost. We recommend registering and taking transit insurance on your return postage to us as items in transit are your responsibility until received back to our premises.
22.2 Faulty or Damaged Return Policy
All products purchased from Nicovape are covered by transit insurance and are fully guaranteed by us. This ensures your order is received by you in good working order, and is able to be used as intended by the manufacturer and / or as specified by us. In the unlikely event that your order is damaged during transit, please contact our customer service team immediately on 1300 NICOVAPE (open 9am – 5pm, Monday to Friday, excluding public holidays) or contact us at firstname.lastname@example.org, and provide us with a detailed description & photos of the problem / damage, as well as your name, contact number or email and order number. We will then determine how best to resolve your problem with minimum inconvenience to you. The courier will inspect and pick up the damaged package, and the damaged items will be replaced.
22.3 Cancellation of Orders
If you wish to cancel an order that has been confirmed by Nicovape, please contact us as soon as possible on 1300 NICOVAPE (open 9am – 5pm, Monday to Friday, excluding public holidays) or email us at email@example.com. Once the order has been dispatched, you will be unable to cancel it. Once received, you will be able to return it to us in original condition for a full refund less shipping fees.
22.4 Refund Process
We offer a 100% REFUND (or FREE re-send) if you do not receive your order. The only instances where a refund is not guaranteed is if incorrect contact/shipping address details are provided at the time of ordering, or if your items are not legal in your jurisdiction and are seized by customs, so please always double check your delivery address and applicable laws.
Regrettably, except as required by law, shipping and handling fees are not refundable.
24. APPLICABLE LAWS
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of New Zealand, without regard to conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in New Zealand. You agree to submit to the personal and exclusive jurisdiction of the courts located within New Zealand. You agree to reimburse us for any representative we may appoint for any legal expenses your actions may make us incur. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
25.1 Photosensitive Seizures
A very small percentage of people may experience a seizure when exposed to certain visual images, such as flashing lights or patterns that may appear in video games or other electronic or online content. Even people who have no history of seizures or epilepsy may have an undiagnosed condition that can cause these “photosensitive epileptic seizures” while watching video games or other electronic content. These seizures have a variety of symptoms, including light headedness, disorientation, confusion, momentary loss of awareness, eye or face twitching, altered vision or jerking or shaking of arms or legs. If you experience any of the foregoing symptoms, or if you or your family has a history of seizures or epilepsy, you should immediately stop using the Web Site and consult a doctor.
26. COMPLETE AGREEMENT
Nicovape Limited 2018